Liqour Act Flashcards
Under S6 of the Liquor act, why constitutes liquor?
1) (a) a beverage or other substance intended to be
ingested, whether liquid, solid or gaseous, that
contains more then 1.15% of ethyl alcohol by
volume.
(b) a substance that is held out to be a beverage or
ingestible substance specified in paragraph (a)
(c) a substance prescribed by regulation as liquor
What are 3 different forms that liquor can come in?
Liquid
Solid
Gas (gaseous)
Under S171 of the liquor act, what areas are considered a prohibited public place?
No consumption in prohibited public place
- Alice springs
- Darwin
- Katherine
- Palmerston
- Tennant creek
- The Darwin waterfront precinct specified under S4 of
the Darwin waterfront corporation act 2006 - Any local government area that a local council
declares, by gazette notice to be subject to this
prohibition - Any public place not within a location specified by
paragraphs a) to g) but within 2km of a licensed
premises - Any place prescribed by regulation
What can a police officer do if a person contravenes S153 (control of inedible alcohol products) or S171?(prohibited public place)
S236 search of person and property.
If an inspector or police officer suspects on reasonable grounds that a person is contravening or about to contravene S153 or S171 the inspector or officer may, without warrant, search:
(a) the person and
(b) the clothing worn by the person and
(c) any property in the immediate control of the person
S243 Seizing containers (para phrased)
(2) seize opened or unopened containers believed on
reasonable grounds contains alcohol
(5) a) empty the container
b) destroy the container and contents
c) retain for disposal Section 144 specifies a time that
S189 offence in relation to restricted premises
(1) A person must not:
(a) bring LIQUOR onto or into RESTRICTED PREMISES; or
(b) have POSSESSION of LIQUOR on or in
RESTRICTED PREMISES; or
(c) CONSUME LIQUOR on or in RESTRICTED
PREMISES.
(2) An offence against subsection (1) is an offence of strict liability.
(3) It is a defence to a prosecution for an offence against subsection (1) if the defendant establishes that:
(a) the liquor was:
(i) on or in RESTRICTED PREMISES belonging to a
RELIGIOUS BODY; and
(ii) used for PUBLIC WORSHIP; and
(iii) intended for use in connection with the
CELEBRATION of a RELIGIOUS SERVICE by a
person approved by the Director; or
(b) the person was:
(i) PASSING THROUGH an area of RESTRICTED
PREMISES open to and used by the public; and
(ii) in possession of an UNOPENED CONTAINER of
LIQUOR intended for CONSUMPTION elsewhere.
100 PENALTY UNITS
What are the police powers given under section 240 of the Liquor Act – Search of Restricted Premises?
An inspector or a police officer who suspects on reasonable grounds that an offence against section 189 was committed, is being committed or is about to be committed may, without a warrant:
(a) enter and search the restricted premises; and
(b) search any person on or in the restricted premises
who is suspected of committing the offence.
Under Section 137 of the Liquor act, how long does an employee of a licensed premises have to obtain a RSA certificate?
7 days
Under section 291 of the Liquor Act, how long does a licensee have to produce their RSA register to a police officer when requested?
Immediately
Section 144 specifies a time that a person is excluded from a licensed premises once they have been removed. How long must a person wait before they can re-enter or attempt to re-enter the premises?
The person must wait 12 hours from the time that they left or were removed.
If a person returns within the 12 hour period after being removed from a licensed premises is it a ticketable offence?
Yes an infringement may be issued for failing to quit a licensed premises
If a licensee or employee seizes a form of identification, who do they have to give the ID to, and how long do they have to hand it in?
The licensee or employee must give the ID to the director of liquor licensing within 72 hours
What act covers Alcohol Protected Areas?
stronger futures act
What act covers General Restricted Areas?
NT liquor act
75 (B) of the Stronger Futures Act, Possessing Liquor in Alcohol Protected Areas – Fill in the blanks
(1) A person commits an offence if:
(a) the person:
(i) BRINGS LIQUOR INTO AN AREA; or
(ii) has LIQUOR IN HIS OR HER POSSESSION, or
under HIS OR HER CONTROL, in an area; or
(iii) CONSUMES LIQUOR IN AN AREA; and
(b) the area is AN ALCOHOL PROTECTED AREA.
Section 238 of the Liquor Act, Search on Random Basis – Fill in the gaps.
An inspector or a police officer may, WITHOUT A WARRANT, exercise the powers specified in section 239 on a RANDOM BASIS to detect whether a FORFEITURE OFFENCE was committed, is being committed or is about to be committed if the search is conducted:
(a) within a GENERAL RESTRICTED AREA or a SPECIAL
RESTRICTED AREA; or
(b) in relation to a VEHICLE, VESSEL or AIRCRAFT that
the inspector or officer SUSPECTS ON REASONABLE
GROUNDS to be travelling to a GENERAL
RESTRICTED AREA or a SPECIAL RESTRICTED AREA;
or
(c) in relation to a DRIVER, PASSENGER or MEMBER OF
THE CREW OF A VEHICLE, VESSEL or AIRCRAFT
referred to in paragraph (b), whether on board or not;
or
(d) in relation to BAGGAGE or CARGO that the inspector
or officer SUSPECTS on reasonable grounds to be
destined for travel to or delivery to a GENERAL
RESTRICTED AREA or a SPECIAL RESTRICTED AREA.
Section 239 Liquor Act, Search Powers – Fill in the blanks
The following powers may be exercised by the inspector or police officer under this Division:
(a) ENTER and SEARCH premises;
(b) STOP, ENTER, SEARCH, REMOVE and DETAIN a VEHICLE, VESSEL OR AIRCRAFT;
(c) STOP, DETAIN and SEARCH a PERSON;
(d) search any THING found:
(i) on or in the PREMISES ENTERED OR SEARCHED
under paragraph (a); or
(ii) on or in the VEHICLE, VESSEL OR AIRCRAFT
STOPPED, ENTERED, SEARCHED, REMOVED OR
DETAINED under paragraph (b); or
(iii) on the PERSON STOPPED, DETAINED OR
SEARCHED under paragraph (c).
What are two considerations you need to take into account when deciding whether or not to seize a vehicle under section 245 (2) of the Liquor Act?
Before seizing a vehicle, vessel or aircraft, an inspector or a police officer must consider:
(a) its anticipated future use; and
(b) whether its seizure and possible forfeiture will
cause hardship to a person or community.
Main use of the community
Hardship caused to the community of the vehicle
